Bennet and Talbois
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1724 |
| Date | 01 January 1724 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 566
IN THE COURT OF KING'S BENCH
bennet and talbols. Declaration in an action at common law, concluding contra statut. where ill, or not. Trespass quare clausum fregit & herbam pedibus ambulando consumpsit ac etiatu al. herbam vaccis porcis bobus & bidentibus, &c. nee non in clauso praed. venatus fuit eodem (defendente) existen. inferior, artifice Anglice, an inferior tradesman, scilicet pannario, & al. enorm. &c. contra formam statuti, &c. Verdict pro quer'. It was moved in arrest of judgment, that the conclusion contra formam statuti goes to the whole, and vitiates the declaration, for trespass lieth at the common law, for which were cited 2 Sid. 32. 2 Inst. 200. 1 Vent. 103, 104. Ward, and Rich, ò2 Leon. 188. Pe-rchal's case, 4 Leon. 49, S. C. 3 Cro. 231, Penhallow's case. Mountague pro quer'. No statute qualifies a man to commit a trespass; a qualification to keep a gun or dog, is on-[421]-ly to hunt in a man's own ground: we have brought our selves within the statute; and the conclusion, which might have been omitted, is but surplusage. Ven. 13, Burgen's case. Holt Ch. J, In Penhallow's case, upon an indictment for striking in the churchyard, where there was but a bare assault, the conclusion contra formam statuti spoil'd all, because it appear'd they went (not) upon the statute. Eookby J. In the case of WwrA and Rich, there was nothing in any statute about it; but there is a statute which doth say something in this case, viz. Stat. 5 W. & M. that if an inferior tradesman do hunt, &c. the owner of the soil may bring trespass, and shall recover his damage and full costs, whereas by a...
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